Office of Public Sector Information
Section 203(1).
1 Section 3 (protection in respect of proceedings for printing extracts from or abstracts of parliamentary papers) shall have effect as if the reference to printing included a reference to including in a programme service.
2 Section 3 (contemporary reports of proceedings before courts exercising judicial authority) shall apply in relation to reports or matters included in a programme service, and in relation to any inclusion in such a service of any such report or matter, as it applies in relation to reports and matters published in a newspaper and to publication in a newspaper.
3 (1) In section 28 (powers of entry)—
(a) in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute “programme service”; and
(b) for subsection (4) substitute—
“(4) In this section—
“broadcasting studio” means a studio used in connection with the provision of a programme service;
“programme service” has the same meaning as in the Broadcasting Act 1990.”
(2) Sections 39 and 49 (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as they apply in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.
4 (1) In section 36 (power to enter studios)—
(a) in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute “programme service”; and
(b) for subsection (4) substitute—
“(4) In this section—
“broadcasting studio” means a studio used in connection with the provision of a programme service;
“programme service” has the same meaning as in the Broadcasting Act 1990”.
(2) Section 46 (restriction on newspaper reports of court proceedings involving children and young persons) shall, with the necessary modifications, apply in relation to reports or matters included in a programme service, and in relation to including any such reports or matters in such a service, as it applies in relation to reports or matters published in newspapers and to publishing any matter in a newspaper.
5 In section 1(7) (admission of public to meetings of local authorities and other bodies), for the words from “or for” to “licensed” substitute “or for programme services (within the meaning of the Broadcasting Act 1990) other than sound or television broadcasting services”.
6 In section 37(2) (restriction on persons under 16 taking part in certain performances), for paragraph (d) substitute—
“(d) any performance not falling within paragraph (c) above but included in a programme service (within the meaning of the Broadcasting Act 1990);”.
7 In section 182(1) (relaxation, with respect to licensed premises, of law relating to music and dancing licences), for the words from “or by the” to “licensed” substitute “or of programmes included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service”.
8 In section 2(3) (certain private places of entertainment to require licences), for the words from “or of being” onwards substitute “or of being included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service.”
9 In section 6(1) (interpretation of Part I of the Act), for the definition of “television programme” substitute—
““television programme” means a programme included in any television broadcasting or other television programme service (within the meaning of Part I of the Broadcasting Act 1990);”.
10 In section 4(5) (restrictions on advertising in connection with private hire-cars), in the definition of “advertisement”, for “or by inclusion in a cable programme service” substitute “or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service”.
11 In section 39(2) (interpretation), for “or in a programme included in a cable programme service” substitute “or in any programme included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service”.
12 In section 58(1) (prohibition of publication of proceedings in a children’s hearing), for the words “broadcast or a programme included in cable programme service”—
(a) in the first place where they occur, substitute “programme included in a programme service (within the meaning of the Broadcasting Act 1990)”; and
(b) in the second place where they occur, substitute “programme included in such a programme service”.
13 In section 7(2)(b) (exceptions for performance given in certain circumstances), for sub-paragraph (iii) substitute—
“(iii) the performance to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;”.
14 In section 42(8) (definition of “advertisement” for the purposes of restrictions on advertisements relating to gaming), for “or by inclusion in a cable programme service” substitute “or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service”.
15 (1) In section 40(2) (restriction on persons under 16 taking part in certain performances), for paragraph (d) substitute—
“(d) any performance not falling within paragraph (c) but included in a programme service (within the meaning of the Broadcasting Act 1990);”.
(2) In section 45 (powers of entry)—
(a) in subsection (2)(a), omit “a cable programme studio” and for “broadcast in a cable programme” substitute “programme service”; and
(b) for subsection (5) substitute—
“(5) In this section—
“broadcasting studio” means a studio used in connection with the provision of a programme service;
“programme service” has the same meaning as in the Broadcasting Act 1990.”
(3) In section 59 (power to prohibit publication of certain matter in newspapers and broadcasts)—
(a) in subsection (1)—
(i) in paragraph (a), for “in any newspaper or in any broadcast” substitute “which is published in any newspaper or included in any programme service (within the meaning of the Broadcasting Act 1990)”; and
(ii) in paragraph (b), for “in any television broadcast” substitute “included in any such service”; and
(b) in subsection (2), after “publishes” insert “or includes in a programme service”.
(4) In section 68 (restrictions on newspaper and broadcast reports of proceedings in juvenile courts)—
(a) in subsection (1)—
(i) in paragraph (a), for the words from “in any newspaper” to “court” substitute “of any proceedings in a juvenile court which is published in any newspaper or included in any programme service (within the meaning of the Broadcasting Act 1990)”; and
(ii) in paragraph (b), for “in any television broadcast” substitute “included in any such service”; and
(b) in subsection (3), after “publishes” insert “or includes in a programme service”.
16 In section 100K (interpretation and application of Part VA of the Act), in paragraph (b) of the definition of “newspaper”, for sub-paragraph (ii) substitute—
“(ii) for inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;”.
17 In section 148(1) (interpretation), in the definition of “newspaper”, for the words from “or for” onwards substitute “or for programmes to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;”.
18 In section 13(4) (interpretation), for paragraphs (c) and (d) substitute “or
(c) to providing a programme service (within the meaning of the Broadcasting Act 1990).”
19 In Schedule 3 (minimum reserved matters), in paragraph 14, for the words from “, (including” onwards substitute “and the provision of programme services (within the meaning of the Broadcasting Act 1990).”
20 In section 133(2)(a) (exceptions to restriction on disclosure of information), after “the Electricity Act 1989,” insert “or the Broadcasting Act 1990,”.
21 In subsection (2) of sections 169 and 374 (restrictions on report of proceedings involving person under 16), for the words from “broadcasts” to “service” substitute “programmes included in a programme service (within the meaning of the Broadcasting Act 1990)”.
22 In section 9 (the National Enterprise Board and the media)—
(a) in subsection (1), for paragraphs (b) and (c) substitute—
“(b) shall become the holder of a relevant licence.”;
(b) in subsection (3), for paragraphs (ii) and (iii) substitute—
“(ii) activities connected with the provision of a service under a relevant licence.”;
(c) in subsection (9)—
(i) for “a programme contractor, they shall consult the Independent Broadcasting Authority” substitute “the holder of a relevant licence, they shall consult the appropriate authority”; and
(ii) for “that Authority” substitute “the appropriate authority”;
(d) omit subsection (9A);
(e) in subsection (10), for “programme contractor” substitute “holder of a relevant licence”; and
(f) for subsection (11) substitute—
“(11) In this section—
“appropriate authority” means—
(a) in relation to a licence granted under Part I of the Broadcasting Act 1990, the Independent Television Commission; and
(b) in relation to a licence granted under Part III of that Act, the Radio Authority;
“relevant licence” means a licence granted by the Independent Television Commission or the Radio Authority under Part I or (as the case may be) Part III of that Act.”
23 In section 17 (the Scottish Development Agency and the media), for “Cable and Broadcasting Act 1984” substitute “Broadcasting Act 1990”.
24 In section 19 (the Welsh Development Agency and the media)—
(a) in subsection (1), for paragraphs (b) and (c) substitute—
“(b) shall become the holder of a relevant licence.”;
(b) in subsection (3), for paragraphs (ii) and (iii) substitute—
“(ii) activities connected with the provision of a service under a relevant licence.”;
(c) in subsection (9)—
(i) for “a programme contractor, they shall consult the Independent Broadcasting Authority” substitute “the holder of a relevant licence, they shall consult the appropriate authority”; and
(ii) for “that Authority” substitute “the appropriate authority”;
(d) omit subsection (9A);
(e) in subsection (10), for “programme contractor” substitute “holder of a relevant licence”; and
(f) for subsection (11) substitute—
“(11) In this section—
“appropriate authority” means—
(a) in relation to a licence granted under Part I of the Broadcasting Act 1990, the Independent Television Commission; and
(b) in relation to a licence granted under Part III of that Act, the Radio Authority;
“relevant licence” means a licence granted by the Independent Television Commission or the Radio Authority under Part I or (as the case may be) Part III of that Act.”
25 In section 41(1)(a) (exceptions to restriction on disclosure of information), after “the Electricity Act 1989” insert “or the Broadcasting Act 1990”.
26 (1) In section 4 (anonymity of complainants in rape etc. cases)—
(a) in subsection (1), for “broadcast or included in a cable programme”, in each place where those words occur, substitute “included in a relevant programme for reception” and for “broadcasting or inclusion in a cable programme” substitute “inclusion in a relevant programme”;
(b) in subsection (5), for “broadcast or included in a cable programme” substitute “or included in a relevant programme” and for paragraphs (c) and (d) substitute “and
(c) in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,”;
(c) in subsection (5A), for “or broadcast of any matter or the inclusion of any matter in a cable programme,” substitute “of any matter or the inclusion of any matter in a relevant programme,” and for “, broadcast or cable programme” substitute “or programme”;
(d) in subsection (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of “complainant” insert—
““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);”; and
(e) in subsection (7), for “broadcast or inclusion in a cable programme” substitute “or upon matter included in a relevant programme”.
(2) In section 5(5) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”.
(3) In section 7(6) (extent to Northern Ireland), for “broadcast or inclusion in a cable programme” substitute “in, or such an inclusion of matter in a relevant programme for reception in,”.
27 (1) In Article 6 (anonymity of complainants in rape offence cases)—
(a) in paragraph (1), for “broadcast or included in a cable programme” substitute “included in a relevant programme for reception”;
(b) in paragraph (5), for “broadcast or included in a cable programme” substitute “or included in a relevant programme” and for sub-paragraphs (c) and (d) substitute “and
(c) in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,”;
(c) in paragraph (6), omit the definitions of “a broadcast” and “cable programme” and after the definition of “complainant” insert—
““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);”; and
(d) in paragraph (7), for “broadcasting or inclusion in a cable programme” substitute “or inclusion in a relevant programme” and for “broadcast or inclusion in a cable programme” substitute “or upon matter included in a relevant programme”.
(2) In Article 7(3) (supplementary provisions), for “broadcast or cable programme in question was of” substitute “or programme in question was of, or (as the case may be) included,”.
(3) In Article 8(1) (anonymity of defendants in rape offence cases), for “broadcast or included in a cable programme” substitute “included in a relevant programme (as defined in Article 6(6)) for reception”.
28 In section 19(3) (exceptions to restriction on disclosure of information), after paragraph (m) insert—
“(n) the Broadcasting Act 1990.”
29 (1) In section 8 (restrictions on reports of committal proceedings)—
(a) in subsection (1), for “broadcast or include in a cable programme” substitute “include in a relevant programme for reception”;
(b) in subsections (2B), (4), (5) and (8), for “broadcast or included in a cable programme”, in each place where those words occur, substitute “or included in a relevant programme”;
(c) in subsection (3), for “broadcast or include in a cable programme”, in each place where those words occur, substitute “or include in a relevant programme”;
(d) in subsection (5), for paragraphs (c) and (d) substitute—
“(c) in the case of the inclusion of a report in a relevant programme, any body corporate which provides the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,”;
(e) in subsection (10), omit the definitions of “broadcast” and “cable programme” and after the definition of “publish” insert—
““relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990).”
(2) In section 71 (reports of domestic proceedings), for subsection (1) substitute—
“(1) In the case of domestic proceedings in a magistrates' court (other than proceedings under the Adoption Act 1976) it shall not be lawful for a person to whom this subsection applies—
(a) to print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or
(b) to include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Great Britain,
any particulars of the proceedings other than such particulars as are mentioned in subsection (1A) below.
(1A) The particulars referred to in subsection (1) above are—
(a) the names, addresses and occupations of the parties and witnesses;
(b) the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given;
(c) submissions on any point of law arising in the course of the proceedings and the decision of the court on the submissions;
(d) the decision of the court, and any observations made by the court in giving it.
(1B) Subsection (1) above applies—
(a) in relation to paragraph (a) of that subsection, to the proprietor, editor or publisher of the newspaper or periodical, and
(b) in relation to paragraph (b) of that subsection, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.”;
and in subsection (2), for “subsection (1)” substitute “subsection (1A)”.
30 In section 1(4) (provisions relating to indecent displays disapplied in relation to broadcasting etc.), for paragraph (a) substitute—
“(a) included by any person in a television broadcasting service or other television programme service (within the meaning of Part I of the Broadcasting Act 1990);”.
31 (1) In section 2 (limitation of scope of strict liability)—
(a) in subsection (1), for “broadcast cable programme” substitute “programme included in a programme service”; and
(b) after subsection (4) insert—
“(5) In this section “programme service” has the same meaning as in the Broadcasting Act 1990.”
(2) In section 19 (interpretation), omit the definition of “cable programme”.
32 In Article 11(4) (interpretation), for sub-paragraphs (c) and (d) substitute “or
(c) to providing a programme service (within the meaning of the Broadcasting Act 1990).”
33 (1) In Article 44 (reports of preliminary proceedings)—
(a) in paragraphs (1) and (2), for “or published”, in each place where those words occur, substitute “, published or included in a relevant programme”; and
(b) after paragraph (5) insert—
“(6) In this Article “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland.”
(2) In Article 90 (reports of domestic proceedings), for paragraph (1) substitute—
“(1) A person to whom this paragraph applies shall not—
(a) print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or
(b) include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland,
any particulars of any domestic proceedings other than such particulars as are mentioned in paragraph (1A) below.
(1A) The particulars referred to in paragraph (1) above are—
(a) the names, addresses and occupations of the parties and witnesses;
(b) the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given;
(c) submissions on any point of law arising in the course of the proceedings, and decisions of the court on the submissions; and
(d) the decisions of the court, and any observations made by the court in giving its decision.
(1B) Paragraph (1) above applies—
(a) in relation to sub-paragraph (a) of that paragraph, to the proprietor, editor or publisher of the newspaper or periodical, and
(b) in relation to sub-paragraph (b) of that paragraph, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.”
34 In section 72(6) (meaning of “advertisement” for the purposes of insurance advertisements), for “or by inclusion in a cable programme service” substitute “or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service”.
35 (1) Part II shall be amended as follows.
(2) In section 75(1)(i) (election expenses in relation to publications or broadcasts), for the words from “the Independent” onwards substitute “or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990;”.
(3) In section 92 (broadcasting from outside United Kingdom), for subsection (1) substitute—
“(1) No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with—
(a) the British Broadcasting Corporation;
(b) Sianel Pedwar Cymru; or
(c) the holder of any licence granted by the Independent Television Commission or the Radio Authority,
for the reception and re-transmission of that matter by that body or the holder of that licence.”
(4) In section 93 (broadcasting during elections)—
(a) in subsection (1)(a), for “broadcast from a television or other wireless transmitting station in the United Kingdom” substitute—
“(a) broadcast by the British Broadcasting Corporation or Sianel Pedwar Cymru; or
(b) included in any service licensed under Part I or III of the Broadcasting Act 1990”;
and
(b) omit subsection (3).
(5) Without prejudice to the generality of section 20(2) of the [1978 c. 30.] Interpretation Act 1978, any reference in this paragraph to a provision of the Representation of the [1983 c. 2.] People Act 1983 includes a reference to that provision as applied by any regulations made under paragraph 2 of Schedule 1 to the [1978 c. 10.] European Parliamentary Elections Act 1978.
36 In Part II of Schedule 4 (nationalised industries and other public authorities liable to examination by Comptroller and Auditor General), for the entries relating to the Independent Broadcasting Authority and the Welsh Fourth Channel Authority substitute—
“Sianel Pedwar Cymru.”
37 In section 20 (refund of value added tax in certain cases)—
(a) in subsection (3), for paragraph (j) substitute—
“(j) a nominated news provider, as defined by section 31(3) of the Broadcasting Act 1990;”; and
(b) after subsection (4) insert—
“(4A) No tax shall be refunded under this section to a nominated news provider which in the opinion of the Commissioners is attributable to activities other than the provision of news programmes for broadcasting by holders of regional Channel 3 licences (within the meaning of Part I of the Broadcasting Act 1990).”
38 (1) In section 6 (exceptions to prohibition on the running of unlicensed telecommunication systems)—
(a) omit subsection (1) (exception for the running of a telecommunication system by a broadcasting authority);
(b) in subsection (2), for “such a system as is mentioned in subsection (1) above” substitute “a telecommunication system to which subsection (2A) below applies”; and
(c) after subsection (2) insert the following subsection—
Broadcasting Act 1990